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Nov/Dec 2015 Issue of LawNow now available online

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This year, Canadians across the country have had an opportunity to see an original copy of Magna Carta. From June until the end of 2015, the “Great Charter” and its companion document, England’s Charter of the Forest, has been on exhibit in four Canadian cities. The Magna Carta will be in Edmonton at the Legislative Assembly of Alberta Visitor Centre: Nov. 23, 2015 to Dec. 29, 2015. For more information, visit http://www.magnacartacanada.ca and http://www.durhamcathedral.co.uk/
The Nov/Dec 2015 issue of LawNow explores the relevance of this foundational document to today’s Canada.

Volume 40-2 – November/December 2015

Table of Contents

Featured Articles: Magna Carta
Special Report: Laws of Interest to Older Adults
Departments
Columns

Featured Articles: Magna Carta

Magna Carta: The Great Charter
Dr. Carolyn Harris
The Magna Carta of 1215 is one of the most significant historical documents in the English speaking world.

How Magna Carta Came to Canada
Suzy and Len Rodness
We were asked: “Would your country be interested in hosting an original copy of Magna Carta if a loan could be arranged?” We answered: “Of course!”

The Emergence of Legal Culture: 800 Years of Western History
Peter Bowal
Magna Carta was the foundational document for centuries of progress in human rights in Canada and around the world.
Magna Carta Informs Our Criminal Law
Charles Davison
Magna Carta ended arbitrary prosecution and imprisonment on the whim of the sovereign, and established this fundamental principle for criminal law today.
Magna Carta: A Guide for Educators
Nathan Tidridge
Nothing can replace the experience a student will have when they come face to face with the faded parchment and King Edward’s ancient royal seal of Durham Cathedral’s Magna Carta.

Special Report: Laws of Interest to Older Adults

Older Adults Face Complicated Tax Decisions
Caitlin Butler and Joe Devaney
Canada’s tax code includes programs, credits and benefits that can make navigating their taxes a complicated process for older adults.
The Estate Administration Act: The Law Has Changed
Sherrilynn Kelly
Alberta has a new Estate Administration Act, and personal representatives have new obligations and new guidance.
Powers of Attorney
Doris Bonora
Powers of Attorney can help prevent family feuds!

Departments

Viewpoint
David Butt
Why our Justice System Works

Bench Press
Teresa Mitchell
Talking to Siri and Till Death Do Us Part?

Columns

Family Law
John-Paul Boyd
Parental Alienation: Part Two
Debtor and Creditor Law
J. Douglas Hoyes
How Debt Can Impact your Ability to Sponsor an Immigrant to Canada
Human Rights Law
Linda McKay-Panos
Human Rights Issues Behind the Niqab
Employment Law
Peter Bowal and Chris Sotiropoulos
Defining Bad Behaviour by Employees
Criminal Law
Melody Izadi
Protecting Canadians from the Protecting Canadians from Online Crime Act
Aboriginal Law
Caroline Wawzonek
Let’s Take a Hard Look at the First Nations Financial Transparency Act.
Law and Literature
Rob Normey
Responses to the Despair of the 1930s

 

Meet CPLEA's New Staff Lawyer!

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CPLEA is pleased to introduce Judy Feng as our new full-time staff lawyer!
Judy obtained her law degree from the University of Alberta and was admitted to the Alberta Bar in 2015. Prior to joining CPLEA as a staff lawyer, she summered and articled in private practice in Edmonton.
During law school, Judy participated in the Faculty’s Competitive Moot Court Program and volunteered with Pro Bono Students Canada and the Edmonton Community Legal Centre.  She also worked as a summer student at the Centre for Constitutional Studies, where she honed her skills in interpreting legislation and writing plain language articles on constitutional and administrative law. Her articles have been used in curriculum development and the United Nations Universal Periodic Review on Human Rights.
Judy completed her Commerce degree at the University of British Columbia and International Studies Diploma at Sciences Po Paris. Prior to law school, she worked at the Justice Education Society of BC where she organized community outreach programs and prepared grant applications. She is fluent in Cantonese, conversational in Mandarin and has studied Advanced French.
Judy will be leading CPLEA’s Laws for Landlords and Tenants program as well as phase two of the Condominium Education Project.

LawNow 40-1: The Law and Technology, Sports Law

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the-law-and-technology
In legal situations, technology can deliver the best of times or the worst of times: it all depends on how it is used.

Volume 40-1 – September/October 2015

Table of Contents

Featured Articles: The Law and Technology
Special Report: Sports Law
Departments
Columns
 

Featured Articles: The Law and Technology

Technology is Transforming the Practice of Criminal Law
Charles Davison
The practice of criminal law has changed significantly over recent decades as a result of the amazing developments in technology.

Social Media and the Law
Brian Vail QC
When people work on a computer alone in a room they can fail to appreciate that they are communicating with the world.

Organizations Need to Build CASLs
Teresa Mitchell and Lesley Conley
Canadian businesses, charities and not-for-profit organizations need to pay attention to Canada’s new anti-spam law.
Porter Airlines: A case study in CASL
Martin Kratz QC
The Porter Airline case gives us insight as to how the CRTC will apply CASL.
R. v Fearon: Can Police Search a Cellphone upon Arrest?
Christine Chong
The Ontario Court of Appeal ruled that if your cellphone is not locked or password-protected, it can be used as a powerful tool to uncover evidence against you.
Some Observations about Evidence in the Electronic Age
Shaun Fluker
The capabilities of the Internet is affecting how we make and practice law.

 

Special Report: Sports Law

Concussions, Case Law and the CFL
Jon Heshka
It was only a matter of time until the CFL would be named in a concussion class action suit. That time has come.
Using Waiver Agreements in Sport: Do They Work?
Rachel Corbett
The use of waivers raises many ethical and moral questions, and the answers can be hard to find.
What Should Organizations Do When Athletes Behave Badly?
Jessica Geense
Universities and other organizations need to have policies and codes of conduct in place to deal with athlete misconduct.
 

Departments

Viewpoint
This issue marks the 40th year of publication for LawNow. We are celebrating!
Bench Press
Bhasin v Hrynew – An Innovative Expansion of the Common Law Doctrine of Good Faith
Olugbenga Shoyele
 

 

LawNow 39-6: The Top Court, Self-Represented Litigants

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Canada’s top court is a cornerstone of our Parliamentary democracy and the Rule of Law.  It has shaped our nation since 1875.

Volume 39-6 – July/August 2015

Democratic Governance: The Constitution and Canada’s Branches of Government
Lorraine Snyder and Dustin Martin
In order to understand the role of Canada’s top court, it is necessary to understand how it fits within our Constitution.

The Supreme Court of Canada: A History
Hugo Vaillancourt
Canada’s top court has seen many changes since it was first created in 1875.

Judicial Review is Different from Judicial Activism
Charles Davison
Our judges have a duty to review the legitimacy of laws and strike them down if they are contrary to the Constitution.
The Nadon Reference: A Unique Challenge
John Edmond
The recent Reference re Supreme Court Act concerning nominated Justice Marc Nadon was unprecedented in Canadian judicial history.
Top Courts in the U.S. and Canada: A Comparison
Peter Bowal and Jacqueline Bowal

Our top courts reflect each country’s cultural and political differences as our comprehensive chart outlines.

Special Report: Self-Represented Litigants

What Self–Represented Litigants (Actually) Want
Sarah Burton
Here’s a novel idea:  why don’t we ask self-represented litigants what would actually help them!
Small Claims Court: A Venue Made for Self-Represented Litigants
Peter Bowal and Jacqueline Bowal
This court is specifically set up to assist people who want to represent themselves.
The Vexatious Litigant
Trevor Todd and Judith Milliken, QC
Sometimes, self-represented litigants can abuse or misuse the court system so that sanctions are necessary.

 

New Resources from CPLEA: Using Legal Tools to Discourage Elder Abuse

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Elder AbuseCPLEA is participating at the 2015 World Elder Abuse Awareness Day Proclamation Event at City
Hall today, June 15.
We are showcasing new resource materials (English and French) on how readily available legal tools can be used to discourage elder abuse. These legal documents include enduring powers of attorney, personal directives, guardianship and trusteeship.
The new resource materials include the Resource Manuals and eight short information sheets available for preview and download at: https://www.cplea.ca/
These resource materials are part of a CPLEA project, Let’s Talk: Elder Abuse funded by Employment and Social Development Canada.

"Can my boss do that?" New Employment Law Resources

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CPLEA has a collection of new resources on employment law for youth in Alberta.
Funded by the Human Rights and Multiculturalism Fund, this project was created as a way to connect new Canadians with information about their rights at work.
This project was guided in part by our previous research on Law for Alberta’s Multicultural Communities.
We spoke with newcomer youth and agencies that work with them to find out what information about employment law the youth and their families need. In many newcomer families, children act as intermediaries to pass on information, including legal information. When youth learn about their rights and responsibilities, they are not only empowered themselves, they are also able to pass the information on tCroco other people in their families and communities.
When talking with the youth we heard many different scenarios and most ended with the question “Can my boss do that?” The resources we created provide answers to that question.
A variety of formats, including infographics, videos, articles, and quizzes presents the information in interesting ways and allows us to reach people of different learning styles.
The collection of resources can be found on the CPLEA website: Your Rights at Work

LawNow 39-4: Vulnerable Children, Romance and the Law

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Volume 39-4

Table of Contents

Featured Articles: Vulnerable Children
Special Report: Romance and the Law
Departments
Columns
 

 Featured Articles: Vulnerable Children

All children are vulnerable; we know that. But some children face greater challenges than others, and the law can help these especially vulnerable little ones.

Age of Criminal Responsibility: An illusive dilemma
John Winterdyk
Different countries have different ideas about when children should face criminal responsibility for their actions. Where does Canada stand?
The International Charter on Prevention of Fetal Alcohol Spectrum Disorder
Egon Jonsson, Amy Salmon, and Kenneth R. Warren
The 2013 First International Conference on Prevention of FASD issued a Charter and a call for urgent action.
Aboriginal right – or wrong?
John Edmond
Two Aboriginal families in Ontario recently withdrew their children from chemotherapy.  Should traditional Aboriginal medicine take precedence over western medicine?
Transgender Youth: Everyday Items, Everyday Rights
Melissa Luhtanen
The task of protecting transgender youth in schools has begun.
Mitigating Children’s Involvement in Maritime Piracy
Carl Conradi
Some 10 to 20% of pirates captured in the Indian Ocean are under 18. This poses huge legal, ethical and operational challenges.
One Edmonton Youth in Conflict with the Law:  A Case Study
Stephanie Laskowski
An Alberta case of a “Mr. Big” operation where undercover officers coerced a murder confession from a youth demonstrates the risk of these tactics
 

 Special Report: Romance and the Law

Wedding Law: By the Authority Vested in Me…
Peter Bowal and Alexandra Brunet
The authority to perform weddings may be civil or religious and the laws about marriages vary only in small ways across the country.
The Engagement Ring: Whose Property is it?
Juliana Ho
Sometimes, the bride and groom don’t make it to the altar, and property they acquired together may cause even more grief!
Married vs. Common Law: What’s the Difference Anyway?
Brad Taylor
As it turns out, there can be some significant differences when it comes to tax treatment!
 

 Departments

Viewpoint
Ten Years – A Look Back At Bullying
Rob Frenette, O.N.B.
 

  Columns

Human Rights Law
The Role of the Organization of American States in Canadian Human Rights Law
Linda McKay-Panos
Family Law
Unilateral Relocations – Don’t Do it!
Sarah Dargatz
Employment Law
Mandatory Retirement: Not so Fast!
Peter Bowal and Logan Melville
Aboriginal Law
The Best Interests of the Aboriginal Child
Troy Hunter
Not-For-Profit Law
Is it Time for Oversight of Social Investments?
Peter Broder
A Famous Case Revisited
When Free Trade is Not Free: the Abitibi Case
Peter Bowal and Christopher Tang
Law and Literature
The Contemporary Progressive Political Novel: The Rotter’s Club
Robert Normey

 

New CPLEA website! Laws for Landlords and Tenants in Alberta

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L&T website
CPLEA is excited to announce the launch of our redesigned Laws for Landlords and Tenants in Alberta website.
The new website features a modern, streamlined design with enhanced searching capability and the same excellent plain language content that Alberta tenants and landlords have come to expect from CPLEA.
The new website also features CPLEA’s brand new tip sheet for tenants who have lost their jobs due to the economic downturn and dropping oil prices. If your Employment Ends… Laws for Tenants in Alberta explains what options tenants have if they can no longer afford their rent and want to move out early.
 
CPLEA’s Laws for Landlords and Tenants in Alberta program, including the redevelopment of the website, is generously supported by the Alberta Real Estate Foundation.

New Tip Sheet for Tenants: “If Your Employment Ends”

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With oil prices dropping significantly and Target closing its doors, thousands of Albertans have lost their jobs.If your employment ends tip sheet
Many thousands more are worried everyday that they could lose their job.
Here at CPLEA, we can’t fix the economy, but we can help people understand the law. We have created a new tip sheet for Alberta tenants who are having trouble keeping up with their rent due to the economic downturn. If your Employment Ends… Laws for Tenants in Alberta, explains what options tenants have if they want to move out early.
For Albertans who own their homes and are thinking of finding a tenant to supplement their income, CPLEA’s free booklet Renting out a Room in your Home provides key information on the laws surrounding such living arrangements.
 
CPLEA’s Laws for Landlords and Tenants in Alberta program is generously supported by the Alberta Real Estate Foundation.

Updated Canadian Legal FAQs on Living Together in Alberta

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CPLEA has recently updated the information on Adult Interdependent Relationships at Canadian Legal FAQs.
In Alberta provincial law doesn’t use the term “common law” to describe two people who are living together but are not legally married. Instead, two people who are in a committed domestic relationship in Alberta can be in an Adult Interdependent Relationship (AIR).
Most people in AIRs are romantic partners, but the relationship does not have to be romantic to be an AIR. An AIR consists of two people who have been living together for a certain length of time, share one another’s life, function as an economic and domestic unit, and are emotionally committed to one another.
To learn more about AIRs, go to Canadian Legal FAQs or download and print this booklet about AIRs in Alberta.
 
Living together in Alberta - Adult interdependent relationships
 
 

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Territory Acknowledgement

The Centre for Public Legal Education respectfully acknowledges that we are located across Treaty 4, 6, 7, 8 and 10 territories, and respects the histories, languages, and cultures of First Nations, Métis, Inuit, and all First Peoples of Canada, whose presence continues to enrich our vibrant community.